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AB-911 Radioactive materials: licensing and registration: exemption.(2017-2018)

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Date Published: 04/04/2017 04:00 AM
AB911:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 911


Introduced by Assembly Members Wood and Quirk
(Coauthors: Assembly Members Burke, Lackey, and Voepel)

February 16, 2017


An act to amend Section 115060 of the Health and Safety Code, relating to radioactive materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 911, as amended, Wood. Radioactive materials: licensing and registration: exemption.
Existing law requires the State Department of Public Health to establish rules or regulations for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. Existing law authorizes the department to require registration and inspection of sources of ionizing radiation, as specified. Existing law authorizes the department to exempt certain sources of ionization radiation or kinds of uses or users from the licensing requirements when the department makes a finding that the exemption of those kinds of users will not constitute a significant risk to the health and safety of the public.
This bill would require the department to exempt from the licensing requirement bomb technicians of a bomb squad of specified public entities who have completed the required training and training, are certified by the United States Federal Bureau of Investigation. The bill would require the filing of a written record of current certification of certified bomb technicians employed by those bomb squads. Because the bill would require filing of written records by local agencies, this bill would impose a state-mandated local program. Investigation, and have submitted to the department a record of current certification. The bill would require the department to exempt from the registration and inspection requirements sources of ionizing radiation operated by the bomb squads of the specified public entities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 115060 of the Health and Safety Code is amended to read:

115060.
 (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. That rule or regulation shall provide for amendment, suspension, or revocation of licenses.
(b) The department may require registration and inspection of sources of ionizing radiation other than those that require a specific license, and compliance with specific safety standards to be adopted by the department.
(c) (1) The department may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the department makes a finding that the exemption of these sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
(2) (A) (i)The department shall exempt from the licensing requirement of this section members of a bomb squad of a city, city and county, county, special district, or the University of California who have completed done both of the following:
(i) Completed the required training and are certified as bomb technicians by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians.
(ii) The department shall require the filing of Submitted to the department a record of current certification of all with the United States Federal Bureau of Investigation certified bomb technicians employed by the bomb squad of a city, city and county, county, special district, or the University of California. Investigation.
(B) The department shall exempt from the registration and inspection requirements of this section sources of ionizing radiation operated by a bomb squad of a city, city and county, county, special district, or the University of California.
(d)  Regulations adopted pursuant to this chapter may provide for recognition of other state or federal licenses as the department may deem desirable, subject to registration requirements as the department may prescribe.
(e)  The department shall adopt registration and certification regulations for mammography equipment. These regulations shall include, but not be limited to, all of the following requirements:
(1)  An X-ray machine used for mammography shall be specifically designed for mammography and inspected by the department, or deemed satisfactory by the department based upon evidence of certification by the American College of Radiology mammography accreditation program, or an accreditation program that the department deems equivalent before it is certified.
(2)  That all persons who have a certificate for mammography equipment follow a quality assurance program to be adopted by the department to ensure the protection of the public health and safety.
(3)  That quality assurance tests, as determined by the department, are performed on all mammography equipment located in a mobile van or unit after each relocation of the mobile van or unit to a different location for the purpose of providing mammography. This equipment shall be recalibrated if images are not of diagnostic quality as determined by the department. A written record of the location of mobile vans or units with dates and times shall be maintained and available for inspection by the department.
(4)  On or after July 15, 1993, all mammography equipment shall be registered with and certified by the department. If this mammography equipment is certified by a private accreditation organization, the department shall take into consideration evidence of this private certification when deciding to issue a mammogram certification.
(5)  All licenses, permits, and certificates issued by the department pursuant to this chapter and the Radiologic Technology Act (Section 27) relating to the use of mammography equipment shall be publicly posted pursuant to this section and regulations adopted by the department.
(f)  To further ensure the quality of mammograms, the department shall require all mammogram facilities, other than mobile units or vans, to operate quickly and efficiently so as to ensure that the facilities are able to develop mammograms of diagnostic quality prior to when the patient leaves the facility.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.